Strategies, Challenges, and Answers

Do I Need To Buy The Insurance That The Rental Car Company Offers Me When I Rent A Car In Nevada?

In Nevada, rental car agents are legally obligated to confirm only two things about you before they rent you a car, that you have a current driver’s license and that the signature you made on the rental contract matches the signature on that driver’s license.  See N.R.S. 483.610 and our previous blog post on this topic, HERE. [Insert link to Feb 21, 2011 post on the Insurance Blog]  The rental car company is not obligated to ask you if you have insurance.  Instead, they will ask you to buy … [Read more...]

Responding To The Anticipated Fallout Of The Haygood And Howell Decisions

No one is surprised when people who are hurt in accidents go to the doctor’s office for care.  In the past, many went to doctors who provided them care through their group health insurance programs.  These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers.  Those insurance carriers pay the providers a sum certain for each service provided.  The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]

Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?

Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney.  See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990).  While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial.  This … [Read more...]

Are Motions In Limine Even Worth The Trouble?

Trying a case is an expensive proposition.  The attorneys need to prepare the evidence, the arguments and the examinations.  Clients see any opportunity to economize on the trial prep side as a positive.  In the past, attorneys have made it a practice to file pre-trial motions in limine.  Motions in limine are heard with the hope that the judge will make early evidentiary rulings and thereby speed up the trial.  However, the Nevada Supreme Court case of BMW v. Roth, 127 Nev. Adv. Op. 11 (2011) … [Read more...]